These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

Hinder Investigation - s.315 Crimes Act

315 Hindering investigation etc(1) A person who does anything intending in any way to hinder: (a) the investigation of a serious indictable offence committed by another person, or (b) the discovery of evidence concerning a serious indictable offence committed by another person, or (c) the apprehension of another person who has committed a serious indictable offence,is liable to imprisonment for 7 years.

Male shot dead during confrontation between two groups – took and concealed firearm found at scene – turned in weapon to police 6 months later – not weapon used to fire fatal shot – investigation generally hampered by reluctance of witnesses – unplanned

Good character - delay

Ahmad(30)

[2005] NSWSC 848

Howie J

s.315

Manslaughter

PG

(20%)

9m

suspended

Nil

Female - male shot dead by husband during confrontation between two groups – lied to police about husband's whereabouts – provided needs and advised as to police investigations – premeditated and extended period of offending

Passenger in car involved in fatal accident – told police and medical staff he was driver – did not want driver to lose licence – no benefit – acting in state of shock – advised police of circumstances next day

Female – acquired accommodation for de facto husband and lied to police on arrest – aware de facto involved in fatal assault on one man and serious assault on second man – awkward position

Seven children – remorse – good prospects of rehabilitation

Slacke(35)

[2013] NSWSC 1215

RA Hulme J

s.315

Inflict GBH with intent

PG

2y GBB

lengthy

Boyfriend broke into home of male friend of female offender and bashed occupant causing severe head injuries – offender found body and contacted police - after removal of body offender attended house with boyfriend – delayed police in attempt to enter house allowing boyfriend to evade apprehension for short time – lower level of seriousness

Driving with de facto (S) of male charged with murder of police officer – when S advised police were intending to execute crime scene warrant at house instructed son of S by telephone to hide bullets – acting on behalf of S – police intercepted call and not actually hindered in investigation

Female aboriginal – deprived and violent childhood – drug abuse

Smith(30)

[2017] NSWSC 900

Button J

s.315(1)(b)

Murder

PG

(15%)

1y 3m

NPP 8m

Lengthy – Local Court – breached bail for deriving disqual

Approached by girlfriend who indicated she had stabbed someone – buried knife and other items and assisted girlfriend wash herself of blood – lied to police – when learned victim had died told truth – spontaneous – offence extended over one day – motived by love for girlfriend